On June 27, 2018 the Supreme Court issued its most important labor law decision in the past 40 years. In those four decades, a case named Abood was the leading precedent that allowed public sector unions to charge a so-called “agency fee” to nonmembers of the union for collective bargaining activities of the union. No more.
In its 5-4 decision ...
As discussed in a previous post, the Trump Administration is committed to taking an aggressive stance on worksite enforcement actions. Last month the U.S. Immigration and Customs Enforcement (“ICE”) agency announced that in the first seven months of this fiscal year, worksite enforcement cases have already doubled the number of cases from ...
In a previous blog post, we wrote about the National Labor Relations Board’s (“NLRB”) decision in Hy-Brand Industrial Contractors, Ltd., where the NLRB reversed its Obama-era change in evaluating joint-employment for purposes of the National Labor Relations Act (“NLRA”). The NLRB’s return to the pre-Browning-Ferris ...
The Supreme Court’s Masterpiece Cakeshop decision by Justice Kennedy follows the the unwritten Slender Reed Rule which goes like this: If SCOTUS has to decide a case with narrow facts that could lead to a precedent that’s either slender or rotund, go with the slender reed and save the big issues for another day. The slender reed Justice Kennedy ...